VotedBy VotedBy ⌕
Election Day · Tue, Nov 3See how your members of Congress voted →

H.R. 1332 · 109th Congress

Protection of Incapacitated Persons Act of 2005

Key: what the circles and colors mean

Each circle is a bill. The ring fills as it moves through Congress:

IntroducedPassed one chamberPassed both chambersBecame law (gold)Resolution agreed to (full, dark)Failed or vetoed (gray)

Under the number: the Yea · Nay count of its final (or latest) recorded vote. On a member's page, the small badge is how that member voted: Y Yea / Aye, N Nay / No, P Present, – Not voting.

Gold and violet are only for Yea and Nay; they never mean a party. A member's party is the letter on their photo.

Passed the House without a recorded vote, then expired. It passed by voice vote or unanimous consent, which don't record how each member voted, but didn't become law before the 109th Congress ended.

FSR SensenbrennerSponsor
13 cosponsors · 13 R
SBR Bachus CCR Cannon SCR Chabot TDR DeLay TFR Feeney TFR Franks JHR Hostettler BJR Jenkins RKR Keller SKR King DLR Lungren MPR Pence DWR Weldon

13 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.

  1. House Introduced Mar 16, 2005
  2. House Passed Mar 16, 2005

Protection of Incapacitated Persons Act of 2005 - Amends the Federal judicial code to authorize an incapacitated person (person), or the person's next friend, to remove to the U.S.

What it does: CRS summary · Passed House amended · Mar 16, 2005

Protection of Incapacitated Persons Act of 2005 - Amends the Federal judicial code to authorize an incapacitated person (person), or the person's next friend, to remove to the U.S. district court, for the district in which it arose or was heard, within 30 days after available State remedies have been exhausted, any claim or cause of action in which the State court authorizes or directs the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the person's life.

Defines: (1) incapacitated person as a born individual presently incapable of making relevant decisions concerning the provision, withholding, or withdrawal of food, fluids or medical treatment under applicable law; and (2) next friend as an individual who has some significant relationship with the real party in interest, including a parent.

Exempts from such removal authority any claim or cause of action in which no party disputes, and the court finds, that the incapacitated person, while having capacity, had executed a written advance directive valid under applicable law that clearly authorized the withholding or withdrawal of food or fluids or medical treatment in the applicable circumstances.

Requires the U.S. district court, in hearing and determining such a claim or cause of action removed under this Act, to consider only whether authorizing or directing the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the person's life constitutes a deprivation of any right, privilege, or immunity secured by the Constitution or laws of the United States.

Declares that: (1) the court shall determine any such claim or cause of action de novo; and (2) no bar or limitation based on abstention, res judicata, collateral estoppel, procedural default, or any other doctrine of issue or claim preclusion shall apply.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: Protection of Incapacitated Persons Act of 2005

Latest action (Mar 20, 2005): Read twice and referred to the Committee on the Judiciary.

Policy area: Law · Origin: House · Introduced: Mar 16, 2005

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

  1. House Introduced Mar 16, 2005
  2. House Passed Mar 16, 2005

No recorded floor vote found.